Family: Man shot in head trying to defend woman, baby in restaurant

SACRAMENTO, Calif. (KTXL) -- As he lies in a hospital bed, unconscious in a medically induced coma, Elias Garibay is hailed a hero.

Garibay's son Benjamin Lozano said his father was shot in the head while trying to protect a woman and her infant from an abusive man.

It happened Friday evening when the 45-year-old went to Tortilleria Flores in Yuba City to pick up some food for dinner.

“There was a woman who ran into the restaurant seeking refuge from an abusive boyfriend, her and her young child. The boyfriend came in," Lozano said. "My father, hearing what was going on, kind of stepped in front of the guy and said, 'Let's get out of here, man. Don't be here for this.' They had a small fight outside and the gentleman ran off.”

But investigators said the man came back shortly after -- this time with a gun.

“Fired the weapon three times inside of the restaurant and the last bullet hit my father in the head,” Lozano said.

The California Highway Patrol took 35-year-old Victor Esquivel into custody early Saturday morning in Newhall.

Police are still investigating the circumstances of the shooting.